What constitutes a 'legal lien' in NJ?

[patrishal]

What is the name of your state? NJ

What constitutes a legal lien in the state of New Jersey? An attorney I had hired 3 years ago to represent me in a personal injury suit was not licensed to practice in the state in which the accident occured. He made several frivolous attempts in my case, all of which were for naught. He discharged us as clients and suggested we contact an attorney in the state in which the injury took place, which we did.

He is now sending me a letter asking for his costs involved in the case, despite having discharged us as clients and not obtaining a settlement.

What exactly constitutes a true, pure legal lien in the State of New Jersey? Does a mailed letter constitute a lien, or must it be filed with the county court system? To date, I have received nothing but his letter - does this make for a truly valid 'lien'???

Please advise - many thanks!

What does your written contract of employment say about this situation?

[patrishal]

The contract states that the attorney does not get a fee if he does not receive a settlement. It also states that the attorney is not entitled to "expenses and costs" in order to file suit if he does not settle the case. My true question is - does a letter of request, not demand, by an attorney constitute a viable, legal lien? I guess I could always trek down to the BC Court of Records; I/we have never been served by this guy with any formal documents showing that a 'lien' was ever filed. The attorney who actually handled and settled the case resides in Florida, and is uncertain about New Jersey law. In reading and re-reading the contract, neither my husband nor I can see any basis for a claim - but again, does a letter from an attorney - or for that matter, any individual - constitute a bona fide 'lien' in the state of New Jersey? Thanks!

Search New Jersey statutes for attorney's lien.